New mobile phone

[parris]

My friend recently bought a mobile phone but when his 1st bill arrived he realised that he had been misled by the sales rep over the telephone into purchasing this contract. The sales rep had assured my friend that he'd get 800 free mins talktime + 200 texts per month, but the written contract states 400 mins talk + 100 txt. My friend called the company on a couple of occasions but they passed him from one person to the next, unable to resolve the issue. Finally they said to my friend that they would get the sales rep to call him back. Since my friend has not heard from the sales rep and it seems unlikely that he will what could he do? Could anyone please advise what my friend's legal rights are in this case? Thanks

[azif]

Write a Letter of Complaint to the Company and if you still get no joy - Visit your local Citizens Advice Bureau - http://www.citizensadvice.org.uk/

[yummymummy]

Sounds like straightforward breach of contract, was told one thing but ended up with something else. This should enable him to cancel the contract, and he could leave it there or choose something different with them.

Certainly write the letter as the next step (Recorded Delivery is best) giving a final timescale to sort out. Don't let them fob him off to the service provider (Vodaphone, Orange etc) as it is not their problem. If company still not doing it, then go to CAB or call Consumer Direct instead.

[jump79]

If you still didnt get an answer, ask your friend to go to the store in person so there's no way they can avoid him! (Make sure he's pretty worked so he gets attention immediately- otherwise he should ask to see the manager of the store etc, He can also threaten to cancel services with the co. altogether if they dont compromise)

If he sticks around long enough, he will, most likely, receive some sort of credit for his first bill, and they may well put him on another plan that's more suitable for him.

Just make sure to remember the Rep.'s name and take your original receipt with you.

[samuel23]

Did your friend get the phone from a shop (i.e. go in and select the phone himself) or was this handled by an unsolicited sales phone call? I ask this question as I was offered the same deal 800 free minutes and 200 texts. I run a business and was looking for a new deal. I took this call purely by chance and initially the deal wasn't that good. Sensing my reluctance to carry on with the conversation the sales person kept upping the offer until it seemed too good to be true. I said that's a very good deal and when asked if it was the sort of deal I was interested in I said it could well be. I was hastily passed from the sales 'advisor' to his 'supervisor' who was nothing more than a hard sell merchant. He either greased his way round, bluntly ignored or twisted every question I asked. Not being able to get a decent answer from him, and with him trying his level best to get my bank details over the phone (which I NEVER give out) I eventually had to tell him in no uncertain terms to go forth and multiply. Now I am a mature (well I'm grown up !) man that runs a business, if I were older and uncertain of how these things worked, or if I were younger and unaware of how clever these people are at side stepping the important questions, I would now be walking around with a phone that I didn't want and a monthly bill that was far more than I had bargained for. If he got it from a shop it will be a lot easier to handle than if he was sold it over the phone. These people that trade as telesales companies often have very little in the way of customer service and are as elusive as the holy grail.

[parris]

samuel 123, in response to your question, my friend is only 19 years old and was offered this deal over the telephone by the sales rep via internet. This was the 1st mobile contract that my friend purchased himself as prior to this his parents had dealt with such things. Being inexperienced, and unaware of these sales people's techniques my friend accepted the deal. Although he had repeatedly asked the sales rep to forward the informatiion to him in writing, the sales rep however told my friend not to worry about the written contract as their computer system was showing exactly what he was telling my friend.

[bednobs]

i think your friend has the right to change his mind within 30 days as its distance selling

[samuel23]

Bednobs is right, most distance selling has a cooling off period, but if he has recieved his first bill he may have exceeded that time limit. This is a very tricky one. He is over 18, and I presume that he is not in care or a vunerable adult, so he is therefore responsible for anything he has agreed to. In law a verbal contract is as binding as a written one, but only if there is an independant witness (think of the police and why they always arrest people in pairs!) so if someone else heard the offer, it would be binding. At the moment it is his word against the company. My first instinct is to question why the initial contract and terms and conditions weren't sent to him. Go visit your local citizens advice bureau, who will give you the name and number for your local trading standards office, who will help and advise what the best course of action is. Don't be surprised if they already know all about this situation, as these companies usually target an area saturate it and then move to another.
A cautionary tale for all of us. I wish your friend good luck and hope this is sorted to his satisfaction.

[parris]

Thank you everyone for your kind suggestions. I have forwarded this information to my friend.